Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly in relation to biodiversity conservation and the management of activities that may have a significant impact on the environment. This legislation serves to fill the gap by establishing a comprehensive framework for environmental protection and management at both the national and international levels. The Act was enacted by the Australian Parliament and its policy objective includes the protection of native species and their habitats, the management of biodiversity, and the regulation of activities that could harm the environment. The EPBC Act includes provisions for the regulation of the trade of native specimens, with certain specimens being exempt from these trade controls. This legislative instrument amends the list of exempt native specimens under Section 303DB of the EPBC Act to include specimens derived from fish or invertebrates taken in the South Australian Scallop and Turbo Fisheries, subject to specific conditions and until a certain date. This amendment allows for the export of these specimens under regulated conditions, facilitating compliance with ecological sustainability guidelines.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 Amendment of the List of Exempt Native Specimens applies to specimens derived from fish or invertebrates taken in the South Australian Scallop and Turbo Fisheries, as defined by relevant South Australian legislation. These specimens are exempt from trade control provisions provided they are taken lawfully and are included in the list until 15 May 2015. The exemption is subject to conditions ensuring the specimens are legally obtained and only applies until the specified date. This legislative instrument extends the application of the EPBC Act by specifying which specimens are exempt from certain trade controls, thereby facilitating the export of these specimens until the specified date. The instrument is limited to the geographic scope of South Australia and the specific fisheries mentioned, and it does not exempt specimens of species listed under Part 13 of the EPBC Act. The Minister for the Environment consulted with relevant stakeholders, including the Department of Primary Industries and Regions South Australia, before making the amendments.

Key Provisions

The main operative sections of this legislation (Sections 303DB and 303DC of the Environment Protection and Biodiversity Conservation Act 1999) provide for the inclusion of certain fish and invertebrate specimens in the list of exempt native specimens. Specifically, specimens taken in the South Australian Scallop and Turbo Fisheries are exempted from the trade control provisions that apply to regulated native specimens. These exemptions are subject to certain conditions: the specimens must have been taken lawfully, and the exemption is effective until 15 May 2015. This legislative instrument ensures that these specimens can be exported until the specified date. The obligations and requirements imposed by this legislation are primarily focused on ensuring that the specimens included in the list of exempt native specimens meet specific criteria. Firstly, the specimens or the fish and invertebrates from which they are derived must have been taken lawfully. This means that the harvesting must comply with all applicable laws and regulations governing the fisheries in question. Secondly, the exemption applies only until 15 May 2015. This temporal restriction ensures that the exemption does not extend beyond the specified period, maintaining regulatory oversight over the trade of these specimens. Breaches of the conditions set out in this legislation may have both civil and criminal consequences. While the legislation itself does not specify detailed penalties, breaches of the Environment Protection and Biodiversity Conservation Act 1999 can lead to substantial fines and imprisonment. For instance, unauthorised trade of native specimens can result in penalties that include fines of up to $66,000 for individuals and $330,000 for corporations, as well as imprisonment for up to five years. These potential penalties underscore the importance of adhering to the conditions set by the Act. Overall, this legislative instrument aims to balance ecological sustainability with the economic benefits of fisheries. By consulting with relevant authorities and considering the guidelines for ecologically sustainable management, the legislation ensures that the exemption of these specimens does not undermine broader environmental protection goals.